This is an urgent chamber application for leave to execute pending appeal. The judgment which is being sought to be executed upon was granted in Case No. HC 6457/20 on 5 April 2023 following an action instituted by the applicants against the respondents herein. The operative portion of the judgment is as follows:
The first defendant (Eliazel Mushiringi)’s conduct of registering Wozheri Stone Crushers Pvt. Ltd. Using forged documentation be and is hereby declared fraudulent and all actions flowing therefrom are declared a nullity. More
This is an appeal from the judgment from the Magistrates Court convicting the appellant of culpable homicide as defined in S 49(a) of the Criminal Law ( Codification and Reform) Act [Chapter 9:23]. The sentence imposed was 5 years imprisonment of which I year was suspended on the usual condition of good behaviour. The appellant was also prohibited from driving for 5 years and his drivers licence cancelled. The sentence has also been challenged on appeal. More
The plaintiff issued summons against the defendants on a suit involving One million United States dollars which amount was advanced to the first defendant to fund her business. Wherefore plaintiff’ claim against all defendants jointly and severally, the one paying the other to be absolved is for
1. Payment of the sum of US$ 1 000 000.00
2. Interest thereof at the rate of 18% per annum from December 2011 to the date of full and final payment
3. An order declaring specifically executable the remaining extent of stand 7489 Salisbury Township, measuring 583 square meters held by Glowrm Investments... More
In December 2011, the applicant lent and advanced an amount of One Million United States Dollars (USD$1 000 000.00), (hereinafter referred to as the loan) to the first respondent to fund its cotton seed purchase for the 2012 buying season. The second to the sixth respondents executed personal guarantees in respect of the transaction that bound them as guarantors of the loan. They jointly and severally bound themselves in varying amounts in respect of the loan. In addition, the respondents also bound themselves as sureties and co-principal debtors for a punctual re-payment of the loan. The seventh respondent tendered stand... More
1. This is an appeal from the judgment of the Chitungwiza Magistrates Court convicting the appellant on a charge of fraud as defined in s 136 (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 36 months imprisonment the whole of which was suspended on conditions of good behaviour, restitution and the performance of community service. The appeal is against the conviction only. More
The applicant is a Zimbabwean citizen who also holds a Canadian passport and is a Canadian citizen. She therefore enjoys dual citizenship. On her visit to Zimbabwe she uses the Canadian passport and is subjected to visitor entry procedures which entail the endorsement of a visitors’ entry certificate for which a fee of US$75 is payable. Such endorsement allows the applicant a 30 day stay in Zimbabwe. At the lapse of such period the applicant has to seek an extension should she desire to remain in Zimbabwe. The extension entitles her to a total 60 days’ stay without payment. In... More
The appellant approached this court challenging the whole judgment of the Harare Magistrates Court based on four grounds of appeal which are as follows:
“1. The court a quo misdirected itself at law when it ruled that the court a quo has jurisdiction to hear the respondent’s claim in the main matter.
2. The court a quo also erred in that it failed to find as a fact that the appellant’s explanation for the default when he failed to enter an appearance to defend is reasonable and that the bona fides of his defence on the merits of the case... More
